Labor Organization and Union Attorney
Ken Gauvey is uniquely situated to represent either employees or employers in labor and employment disputes. Ken Gauvey represents labor unions and organizations as well as employers, and employees.
At The Law Practice of Ken C. Gauvey, we have gained experience advising both employees and employers as well as labor organizations and unions in all of the complex matters pertaining to labor disputes.
Employee Rights under the National Labor Relations Act
Labor laws are designed to protect the rights of workers to organize and present collective proposals to their employers.
Many of these laws are designed to protect employees and to prohibit employers from retaliating or disciplining against an employee or group of employees who choose to participate in self-organization activities. Specifically, the National Labor Relations Act (NLRA) was passed and enacted by Congress in 1935. This law serves as one of the most critical pieces of legislation establishing employee rights in the country. Under the NLRA workers are protected and are authorized to participate in labor unions, choose representatives to engage in collective bargaining, participate in other concerted activities related to workers’ mutual interests, or refrain from any such activities.
Under NLRA Section 7 the following activities are protected:
- Attending union meetings
- Wearing Buttons and other union insignia
- Soliciting union membership
- Acting as a union representative for another worker
- Filing a grievance under a union contract
- Participating in lawful picket or strikes
Examples of employer conduct that violates the law:
- Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity.
- Threatening to close the plant if employees select a union to represent them.
- Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the Act.
- Promising benefits to employees to discourage their union support.
- Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity.
- Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they filed unfair labor practice charges or participated in an investigation conducted by NLRB.
Employer’s Rights under the National Labor Relations Act
The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees. However, while many of the provisions of this law are designed to protect the employees there are also protections contained within this act that protect employers. Notably, an employer has the right to freely express their views about unions and unionization, as long as they do so in a manner that is not intended to coerce, threaten, or promise any action against an employee or employees who choose to engage in such activities.
Under the National Labor Relations Act employers are protects from unfair union practices and requires that a union bargains in good faith with an employer. Additionally, unions are forbidden from:
- Engaging in secondary boycotts
- Causing an employer to pay for services that are not performed
- Picketing an employer for recognition or organizational purposes
- Entering into an agreement where a neutral employer agrees to cease or refrain from using, selling, transporting, and dealing in any products of an employer that the union has labeled as unfair.
Additionally, labor unions can violate the law by:
- Threats to employees that they will lose their jobs unless they support the union.
- Seeking the suspension, discharge or other punishment of an employee for not being a union member even if the employee has paid or offered to pay a lawful initiation fee and periodic fees thereafter.
- Refusing to process a grievance because an employee has criticized union officials or because an employee is not a member of the union in states where union security clauses are not permitted.
- Fining employees who have validly resigned from the union for engaging in protected concerted activities following their resignation or for crossing an unlawful picket line.
- Engaging in picket line misconduct, such as threatening, assaulting, or barring non-strikers from the employer’s premises.
- Striking over issues unrelated to employment terms and conditions or coercively enmeshing neutrals into a labor dispute.
The National Labor Relations Board was created to adjudicated claims of National Labor Relations Act claims
Dedicated Baltimore Business Attorney for Employee Rights
Workers have a right to collectively bargain with employers, and employers have rights in respect to unions and labor organizations. If you are an employee or are an employer and have questions about unlawful discrimination, retaliation, discipline, or termination. Contact Maryland employment lawyer Ken Gauvey today at 410-346-2377.
Columbia, MD 21046